Shared driveway

moneyistooshorttomention

pinkshoes wrote: »

If the leaky gutter belongs to the neighbour's house and you can prove that it is this that has caused the damage to the drive way, then I would be telling the council that the damage is due to their failure to maintain and repair the property, not through wear and tear, so it is their responsibility to fix any damage caused by their negligence.

If you can't prove the damage was due to this, then get some quotes to have it fixed and/or patched.

This:T

I have the feeling that at least a substantial amount of wear and tear on a bit of my land might not be because of previous owners of my property and, if I am correct on that, is "nothing to do with me" except in the thought of preventing Someone Else exerting any further "wear and tear" on MY property. It's for their own good after all...saves me ever having to go after someone else for a contribution towards maintenance of my property if I have ensured that they cant access my property anyway.

Personally, I'd be refusing to pay out anything whatsoever towards something I hadn't helped to cause in the first place.

Lord_Baltimore

nickson wrote: »

I doubt I'd be able to prove it, and the council chap refused to patch saying that the whole lot has to be done!

I would still have a crack (no pun intended) at the line suggested by pinkshoes. The Council might not be able to disprove your view about how the damage has been caused. Besides, they can't just impose an expenditure upon you out of the blue.

I would inform the Council in writing that you neither agree with nor can afford their assessment. Procrastinate for the next year and they will either do a repair or come to an agreement with you about cost and payment.

franklee

Who owns the drive? If it isn't edged in red on your plan then presumably the neighbour owns the drive? It'd better say something about the area edged in green like you have the right to pass over it. Are you sure it doesn't say anything about contributing to maintenance of the drive? Maybe go back to your solicitor and ask.

franklee

moneyistooshorttomention wrote: »

I have the feeling that at least a substantial amount of wear and tear on a bit of my land might not be because of previous owners of my property and, if I am correct on that, is "nothing to do with me" except in the thought of preventing Someone Else exerting any further "wear and tear" on MY property. It's for their own good after all...saves me ever having to go after someone else for a contribution towards maintenance of my property if I have ensured that they cant access my property anyway.

Personally, I'd be refusing to pay out anything whatsoever towards something I hadn't helped to cause in the first place.

Do you have a shared drive or you talking about a bit of land that is completely yours with no rights for the neighbours to pass? If you've purchased recently and have a shared drive surely you pay what you signed up to and you would have looked into it before purchase?

specialboy

Even if the whole driveway is potholed to hell, tell the council that you are happy the way it is and you aren't paying to get it repaired.


If the neighbour was a private owner and you both disagreed on a plan to repair the drive then what would happen then?

Davesnave

If you are certain that the title docs say nothing about the maintenance of shared areas, then the council may ask for a contribution, but they cannot force one from you.

It seems strange, however, that a council which would have sold off off many properties, did not have a standard repairing clause written into their legal paperwork.

As a precautionary step, I would write to the council informing them that you do not wish to contribute to a full repair, as proposed by their surveyor.

If they think they have any legal come-back on this they'll soon quote it to you. If not, it's probably the last you'll hear on the matter.

franklee

Does this help at all?

http://www.landregistry.gov.uk/professional/guides/practice-guide-40s5
"Where land is removed from one registered title plan to another it will usually be edged with green and the new title number added in green. Another method we use is green tinting without showing the new title numbers. In each case we will add an explanatory note to the register and sometimes to the title plan."

Mr_F_Dorsetty

I strongly suspect that somewhere on your deed or paperwork at point of sale it will say that the council have the right to make you pay up in cases such as this.

Many people have been and are still being caught out like this, especially people who have bought flats in council blocks and the council re-does the roof or upgrades the building - then the private owners suddenly get a £30k bill.

The person to ask is your solicitor...